From Necessity to Flexibility: A Reflection on the Negotiations for a TRIPS Waiver for Covid-19 Vaccines and Treatments

Abstract This article critically examines the proposed waiver of intellectual property (IP) rights for COVID-19 vaccines under World Trade Organization Agreement's Trade-Related Aspects Intellectual Property Rights (TRIPS), which was initiated in October 2020 when pandemic raged and were unavailable. However, landscape has now changed may no longer be necessary. The Outcome Document, introduced TRIPS Council May 2022, along with Ministerial Decision June 2022 recognizes this by focusing on easing requirements to use TRIPS-flexibilities accomplish wider cheaper access. In so doing, reinforces notion that flexibilities can a useful part policy toolkit, even times crisis. After providing an overview context outlining justifications proposal, analyses identifies key implications possible effects Decision. concludes while Document not perfect solution issue access vaccines, flexible application is better resolution current environment, especially given need further innovation combat future pandemics.